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Robinson v. Robinson | 150 P.2d 7 (1944)

Community property is property acquired during a marriage in which the spouses share ownership. Separate property is property that each spouse owns individually, usually acquired before marriage or by gift or inheritance. Courts hearing divorce actions divide community property between the spouses. May courts also divide separate property? That’s the question in Robinson versus Robinson.

Theresa Robinson sued her husband, Lewis, for divorce. Theresa alleged that the residence she occupied was Lewis’s separate property. The court’s interlocutory divorce decree granted Theresa the right to remain in the residence indefinitely. The final divorce decree didn’t mention the residence.

Lewis sued Theresa to quiet title to the residence. The trial court declared Lewis the property’s owner, subject to a life estate held by Theresa. Lewis appealed to the California Court of Appeal.

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